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STACYROD
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Subject: charge off after collection was paid/ please help
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Sat Apr 11, 2009 12:50 am
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Is it legal for a collection company to put a charge off on my account even though I paid it off 7/08? It originated 3/08 and we did not find out about this until 7/08. Now it is 4/09 and we had our credit pulled. The have just put a charge off on it 2/09. The account was paid in full by me in 7/08 and it was paid a second time by our insurance company.
What rights do I have?
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carol
Joined: 27 Jun 2006
carol's page
Posts: 1307
Location: Los Angeles, California
29555 Magic Points
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Sat Apr 11, 2009 7:23 am
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No, if the debt has been paid in full, the creditor or the collection agency, cannot charge off it off. However, if they have charged off the debt before you have paid it off, then it will stay there in your credit report for seven years from the date of your last delinquency towards the debt. If you have the proof of the payment where the date of payment is mentioned, you can dispute the charge off listing with the bureaus, if the account has been charged off after the payment has been made.
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Justin
Joined: 17 Jul 2006
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Posts: 1240
28942 Magic Points
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Sat Apr 11, 2009 8:06 am
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Yes, Carol is right. When you dispute the listing with the credit bureaus, the credit bureaus verify it with the CA and remove it from your credit report. You may also ask the CA directly to remove the listing and threaten them that you will file a complaint with the FTC if they fail to remove the item from your report. However, you should make all correspondence with the CA in writing.
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cbass1017
Joined: 01 Feb 2008
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Posts: 143
Location: PA
1528 Magic Points
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Sat Apr 11, 2009 11:26 am
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It does kind of sound like in your post that the account was originally charged off in 03/08. Is that correct? If so then although you can't have it removed entirely you can atleast dispute the fact the the date showing for the charge off is incorrect on your credit reports. The further behind it is the better and the sooner it will fall off of your credit.
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Scott McKay
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